Martinsburg daily gazette. [volume] (Martinsburg, W. Va.) 1887-1887, 1887-03-31
MARrlNsBuRc, W. VA, THURSDAY, MARCH 81, 1897.

cluded The mail service is an unit-a sys-
organized in pursuance Of an estab-
lished governmental policy. The postmaster
general, as the heal of the department., Is
placed over that system He is required by
law, among many other specific duties, to
superintend generally the business OF the de-
partment, and execute all laws relative to
the postal services Or. IS. 1901 It could
not be the purpose OF the act under consider
alton, to join the postmaster general with the
commissioners OF interstate commercs, in
the administration Of the Interstate COM
merce act, nor to relieve the postmaster
general from the duty OF experimenting and
executing all laws relative to the p ,stal SER
vice.
mo intent is manifested indicating di-
vision Of service, labor or responsibility be-
tween the postmaster general and the COM
missioner If interstate commerce. The act
was not intended to relate TO the postal SER
vice. The system Of postal service tolfers
upon the postmaster general the power to
make contracts, some of which must be ex-
ceptional arising from unexpected emergen-
c.es which could not in all cases be made IN
conformity to prescribed general rules as to
price or terms, and concerning which the
urgency or necessity would preclude the pos
sibility of conference for exceptions with the
commissioners of interstate commerce. The
amount or compensation is, In many m
stances submitted to his judgment, in Others
the law provides fixed price per mile for
given service, and others provide for the
carriage Of persons in the service free of
charge. A general examination OF the
whole scope Of postal laws shows that if the
Interstate commerce act We're Gre
ated as if Incorporated into the pos
tai system Of laws, the change would be SO
radical as to render it highly improbable
that so extensive q mobilization or repeal
would be left to mere implication; in Iced
such a change could be recognized only by
express language OF the statute In the con-
duct of the postal service, the United States,
to the exclusion OF all others, exercises one
Of the functions of governm Entail sovereignty.
The service is purely governmental IL Is
common-law rule of con structioa that the
sovereign is not bound by general statutes,
unless expressly named therein. In the
English courts, prerogatfye was claimed as
the foundation of this rule, but American
courts have based it upon reason, a Id except
from tho rule modes of procedure, process,
with such other transactions as are not
strictly governmental.
ssBut. If the statute tenis to restrain or
diminish the power right or interest OF
sovereign the rule Of construction is adhered
tolU. s. VS. Heron, 90 Wa. 1850. The doc
trine that the government should no., unless
! named. be bound by an act of limitations, Y
in accordance with that just cited from Bacon
because il bound, it would be bar TO the
right, and in all cases is not construed to b'
embraced unless named or what would B.
4 equivalent, unless the language is such as U
show clearly that such was Die intent OF the
4 act. tU s. VS.. knight, IA Peters 315). l
/ the interstate commerce act were to be ap
]. piled to the mail service of the United States
it would materially diminish the power ant
rights heretofore exercised and held under
the postal laws, and modify q clearly defined
policy established as the result OF the ex
perience of the whole national life. TIL
/ United States is not especially named In tn
act Of the 4th of February, 1887, except Il
the twenty third section, which provide
that nothing in this act shall apply to thu
y carriage, storage or handling Of property
free or at reduced rates, for the Unitet
States
eff the carriage, storage or handling Q
the property Of the United States were in a
instances purely governmental, this excel
ton would be entitled to great weight as al
implication that, in all not excepted, tn
sovereign was intended to be included, \
pursuance of the maxim exceptio ferr1a
regulum in easibus non exceptis. But
many transactions Of the government, as ]
carrying stores and delivery to the India
tribes, in pursuance Of treaty or CONTRACT
the action of tie government in quasi-con
mercial, and of such nature that no q
tribute Of sovereignty is involved therein
This exception in the statute was doubles
intended to relieve such transactions OF
doubtful character from the provisions
the act. III so intended the exception Of tn
~ that which under the less riRi